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Miscellaneous Questions On Divorce Law
I get that male has been given the burden of finances in marriage. Which probably stems from the fact that as life is teamwork, it is only fair that responsibilities are shared.
From what I get, according to Mr. Ghamidi the man is RESPONSIBLE for everything outside and woman is RESPONSIBLE for everything inside the house. Its a bit vague but you get the point.In this framework of teamwork as the man has the more difficult job, hence he is bestowed with more power. Power meaning having the final say in all the family’s collective decisions. I am skipping haq mehar, primarily to simplify my lengthy question but the other reason is that all of us know, practically its just a mere formality.
This is all well and good until a conflict occurs
Now
Q1)Within 120 days, is it a woman’s solitary right to abort? Or is it a man(the main decision maker in the family) who decides whether to abort or not given a conflict. Because complications can arise when one party wants abortion and the other doesn’t. The man might be made to give child support, even when he was adamant that the child should be aborted.
Q2)What if a malicious wife weaponizes children against her husband. What should the husband do? It would be especially aggravated after divorce. You and I both know this is way too common all around the world. Even in the so called civilized western societies. Women weaponize children against the husband, using all sorts of things like blackmail, abusing custody rights etc.
Q3)If a woman is granted divorce as tanseekh-e-nikkah, then does the financial liability on the man stays. Doesn’t it defeat the purpose of the man having all the responsibility and then his authority is undermined. All that responsibility for what?Q4)
What if a woman doesn’t fulfill her responsibilities with regards to the child. It is easy to out the man in jail, if he doesn’t provide child support. What about the woman?
Assume that it is a typical marriage where nothing is pre decided. What does islam guide the state, where should it legislate, against man or against woman?
Because what I get that here state has to choose a side. Traditionally men were chosen they abused their authority. Now when laws are in place against them, woman are abusing authority. What should be done in terms of legislation? -
4 Replies
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Miscellaneous Questions On Divorce Law
updated 2 months, 3 weeks ago
2 Members
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4
Replies
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Also, with the option of tanseekh-e-nikkah, there will always be a sword hanging around a mans head. A woman can take her children and leave whenever she wants. He would have to pay child custody and be deprived of his children. Again all this financial responsibility for what?
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These questions are about real-world problems. In such cases, one is advised to fear God and not harm others.
The husband and wife have to reach a unanimous decision about abortion, as both have to take care of their child. The final decision is in a man’s hands, but if the wife does not agree with him, she can seek a divorce.
After Tanseek e Nikah, a man is not responsible for taking care of his ex-wife, except for the iddat period.
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You didn’t answer question 2 and question 4
What if a malicious wife weaponizes children against her husband. What should the husband do? It would be especially aggravated after divorce. Here the courts can’t do anything
What if a woman doesn’t fulfill her responsibilities with regards to the child. It is easy to out the man in jail, if he doesn’t provide child support. What about the woman? She has the custody on the silver platter
Also, Mr. Ghamidi frequently says man is the head of the family and he has the final decision. What if a woman is set on disobedience. If the man divorces her, she becomes his financial responsibility. So if a woman’s wrong, she can brainwash children, break the house and still be able to get away with it with a solid deal. Moreover, with the option of tanseekh-e-nikkah, there will always be a sword hanging around a mans head. A woman can take her children and leave whenever she wants. He would have to pay child custody and be deprived of his children. Again all this financial responsibility for what? I think everything in Ghamidi thought relates to a malicious male. So much that he doesn’t even consider a malicious woman
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Also, you said
The husband and wife have to reach a unanimous decision about abortion, as both have to take care of their child. The final decision is in a man’s hands, but if the wife does not agree with him, she can seek a divorce.
if she seeks divorce(tanseekh-e-nikkah) and gets that right. The woman can choose whether to abort or not. But the man gotta pay and arrange subsistence and be answerable to court for it. When all of this happened against his will
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